The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24


ants rights In the premises. either a. to assess
ments or damages. and the drainage district
shall pay the costs OF the appehl: but II the de.
be renderd dsmissinc :H the appeal and that the
appellant RAY all costs thereof: either party to
such appeal to have the same right 20 appeal to
the supreme court as parties in ordinary civil
actions.
SEC. %. The viewers shall receive as COM
pensation for their services three dollars CS3
rer day for the time actually engaged In per-
forming their duties under this act, and the en-
Rineer employed by said viewers snail receive
five dollars $50 per day for his services. Such
fund of such sub-district upon the order Of the
board of drainage commissioners.
SEC. 20. Upon making and filing the order
confirming the report OF the viewers and organ
iZiEg such sub drainage district, the board Of
drainage commissioners shall have full power
and authority to cause to he constructed the
drain or drains, ditch or bitches. enbankment
or embellishments specified in said report. and to
cause to be taken the lands shown by said re-
port to be necessary for the construction OF the
drain or drains. ditch or bitches, cnbankment
or embankmcnts therein specified: and for that
purpose shall appoint three suitable persons re-
siding in near such sub drainage district.
supervis rs thereof, who shall have full power
and authority to proceed with the construction
OF all drains. bitches and entertainments specified
In said report and to enter upon and take the
lands shown therein to be necessary for the con-
struction Ut such drains bitches and embank-
ments
SEC. 30 1t shall be the duty of the supervs-
ors OF such Sub-drainage district to attend to
the letting Of all contracts for the construction
of the work specified i'll said report. and to ex-
erclse general care and supervision over the
construction Of the same, they shall have the
general and oversight Of all drains
bitches and eInbankments constructed in their
~ub-tlranage district under the provisions OF this
act, and shall perform such other duties may
be herein prescribed. They shall each take and
file with the clerk Of the drainage district an
oath that they will faithfully perform the du.
ties Of supervisors of such sub-drainage dis
1rict. and failure to file such oath within ten
be deeNn' a refusal to serve, and the vacancy
shall be filled by another appointment.
SEC. 81. The supervisors first appointed and
qualified snail hold their offices until the second
annual meeting OF the board Of drainage COM
missioners appointing them, after their appoint
ment. ana until their successors are appointed
and qualified.
SEC. 81. At their annual meeting, to be held
on the third Monday in October in each year
after the organization of sub-dranage district
or districts, within their drainage district, the
board OF drainage commissioners shall appoint
three supervisors of each sub-draina2e district
organizcu under this act within their drainage
district. the term OF office Of the supervisors Of
which has expired, such supervisors to have the
same powers and duties and to be required to
qualify in the same manner as the supervisors
FIRST appointed for said sub-drainage district.
and to hold their offices for two years and until
their successors arc appointed and qualified: the
board OF drainage commissioners may at
any time remove any supervisor within their
drainage district whom they are satisfied iS
incompetent has been guilty of willfui neglect
or misconduct in discharging the duties OF his
office, and in case OF such removal shall immc-
diatcty I'LL the vacancy. The supervisors of
sub-drlinaye districts shall receive compen-
sation for their services two dollars (;2) per day
for the time they actually engaged in the
performance OF their dutieS to be paid out of
the drainage fund Of their sub drainage district
on the order OF The board OF drainage commits
soners.
SEC. So. AZ soon practicable after any SUBJ
drainage district has been organized and work
ordered done therein, and the supervisors there
been APPOINTED
supervisors OF such su5-drainase district shall
proceed with the construction of such work
the lowest responsible bidder bidders there
for. Before letting such contract they shall adj
vertisa for bids at least two weeks in some
newspaper OF general circulation in the county
wherein such work is to be done, and if the es-
timated cost of such work is five thousand dol
lars Il: '.OOO) or more also in some newspaper of
general circulation published at the capital OF
the state. In such advertisement they shall
name the limit of time within which such work
shall be done, hayins due regard to the season
OF the year ard the extent and general character
OF the work to be DONE They may let the work
IN separate portions or the whole in one con-
tract as they may find can be done most ad-
vantageOusly. All contracts shall be in writing
and shall be in the name OF TIE board OF drain
age commissioners of the drainage district, and
shall not become or be in force until they have
received the approval Of at least a majority of
such drainage commissioners, either by vote in
lawful meeting or by an endorsement upon such
contra,t signed by a majority Of the commits
slOners, and have also been recorded together
with all endorsements thereon in the proper
drainage record. All contracts shall be for the
performance OF the work in accordance with
the plans and specifications therefor as approved
and adopted by the board of drainage commits
sioners upon the organization of the sub
drainage district, and under the direction OF the
engineer who laid out the same such other
engineer as the commissioners shall designate
tor that purpose, and for payment for the whole
work upon its proper completion. Provided,
that in case more than one month will be re-
qure:l for the completion of the work payment
may be made upon monthly estimates Of ninety
per cent of such estimate in the manner herein
after provided.
SEC. "a. 1t shall be the duty of the engineer
having charge Of such work to furnish the con-
tractor or contractors directions for their work,
and to make and give them written estimates of
Their work during its progress when their con-
spect the same. and if he finds it has been per-
formed in accordance with the plans and speci-
hcatlons therefor to give the contractor or con-
tractors his final estimate certificate in writing
To that effect. The contractor or contractors
shall present such final estimate certificate ia
the supervisors who shall forthwith inspect the
work, and il they approve the same. certify such
approval by endorsement upon such final esti-
mate or certificate. Inspection and approval OF
the supervisors shall be sufficient. Each monthly
estimate shall be approved in the same manner
as the final estimate or certificate. Each monthly
estimate when approved as herein provided shall
on presentation to the clerk Of the drainage dis
trict entitle the contractor or contractors to an
order on the treasurer OF the drainage district
OF the same, which shall be held as reserve OF
guarantee fund until the final estimate OF
certificate hc. is. is presented pre- and the amount
tlmalc. Upon presentation OF the final estimate
or certificate, the clerk shall take up the same
and also monthly estimates made upon such
work, and issue to the contractor contractors
an order on the treasurer Of the drainage dis
trict for the whole amount that shall then re-
main due upon the same. Upon presentation OF
said orders the treasurer shall pay the same out
OF any money in his hands to the credit OF such
sub-drainage district. In case of any dispute
between the contractor or contractors and the
engineer, or failure OF the supervisors or a ma
lorlty OF them to approve any estimate or certi-
ncate OF the engineer, the matter shall be re-
Tered to the board OF drainage commissioners
for settlement.
&c. 80. The supervisors of sub drainage dis
tricts shall have the care OF all drains. ditche.
and em6ankments that have been constructed
district, shall see that the same are kept in ,e-
pair. shall make complaint against and attend
TO the prosecution of any person or persons in
5urlng or destroying any OF the work in their
care, and shall see that all drains aud bitches in
their care are kept open, and that land owners
making use OF such drains or bitches as outlets
Tor their private drains or bitches do so in q
proper manner, and so as not to injure the pub
lie drains bitches.
SEC: 30. Between the first and third Mondays
OF October in each year the supervisors of each
sub.ralnaRe dis rct shall make and file with the
clerk OF the drainage district OF their county q
report OF the condition OF the drains. bitches
and embankments in their care. of all work
done during the wear by them upon the same
and the cost thereof, and an estimate of such
will be required upon the same for the ensuing
year.
SEC. 81. At the annual meeting of the board
OF DRAINAGE commissioners OF each drainage dis
TlcS in which one or more sub drainage districts
MnVe been organized as herein provided, such
board shall make careful estimate OF the
amount Of money that will be required for the
current expenses OF such sub-drainace district
under their control, and to cover any unpaid ex